|Overview of Fair Employment Practice Office|
The public policy of the territorial government of Guam is to protect and safeguard the civil rights of all individuals to seek, have access to, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, and/or age. Employment practices should treat all individuals equally, evaluating each individual only on the basis of bona fide occupational qualification, unless pursuant to permissible defense as enumerated in the law.
A. Assist private sector employers and employees on allegations of employment discriminations through discussions of infractions.
B. Assist employers to know their legal responsibilities at the workplace to reduce or avoid any form of discrimination.
Executive Order Number 83-010 established the Fair Employment Practice Division within the Guam Department of Labor on April 1, 1983. Such authority vested in the Division is reiterated in Title 22, Guam Code Annotated, Division 1, Chapters 3 and 5.
Fair Employment Practice administers and enforces the provisions of Public Law 9-254, relative to unlawful employment practices, in addition to Title LX, Chapter II and Title XLII, Chapter IV of the Fair Labor Standards.
A Work-Sharing Agreement was executed on October 28, 2008, with Contract Number EECCN080145, between the U.S. Equal Employment Opportunity Commission and the Government of Guam with the following features:
When an employment Discrimination Complaint is received by FEPA, it is logged into the EEOC system. Next, the FEPA staff conducts and documents an Intake Interview with the Charging Party and prepares a Charge Assessment on the complaint. After a summary of the Charge of Discrimination is formalized, the employer is notified that the charge has been filed and is provided with the name and contact information of the investigator assigned to the case. The employer is asked to submit a Statement of Position, which is an opportunity for the employer to tell their side of the story.
During the investigation, the employer and the Charging Party will be asked to provide information, as needed. The investigator will evaluate the information submitted to determine whether unlawful discrimination has taken place. The employer may be asked to:
Once the investigator has completed the investigation, FEPA will discuss the evidence with the Charging Party or employer, as appropriate. FEPA will make a determination on the merits of the charge, as follows:
[Note: Alternate Dispute Resolution (ADR)/Mediation Program is now available at Guam’s FEPA. If the charge filed against a company is eligible for Mediation, both the Charging Party and the employer will be invited to take part in this option. Mediation under the ADR Program is recommended after filing a charge. Mediation is offered as an alternative to a lengthy investigation. Participation in the Mediation Program is free, quick, voluntary, and confidential. It requires consent from both Charging Party and employer. If Mediation is successful, there is no investigation. If Mediation is unsuccessful, the charge is referred for investigation.]
Guam Department of Labor
Telephone: (671) 475-7083/75
Scholastica “Sally” Rivera
Terencio “Terence” Mejos